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Lebovits To Be Released on Bail for 120 Days Pending Appeal

Vos Iz Neias first reported that Baruch Mordechai Lebovits was released on bail pending an appeal of his 2010 conviction for molesting a boy. The appeal grew out of the Kings County District Attorney’s arrest of Samuel (Shmuel) Kellner on charges of extorting the Lebovits family by threatening to generate or withhold witnesses of molesting dependingAson whether they family paid up. The DA insists the extortion charges involved witnesses other than the one whose testimony got Lebovits convicted. It seems his appeal team of Arthur Aidala and Alan Dershowitz are appealing on the grounds that there is a relationship. I have not seen the appeal but I am surmising that based on the timing.

As I reported, yesterday, as of Saturday, Lebovits was still in his upstate prison facility. However, I have confirmed that the appellate court is considering an appeal and is allowing Lebovits to get out on $250,000 cash bash or $500,000 bail bond. Additional conditions include electronic monitoring, being confined to his house and surrendering his passport. It is not clear why he was not released yet. I am guessing it is a problem related to the electronic monitoring since I am under the impression that his family can raise the bail money. Just to be clear, this period on bail is only for 120 days at the end of which time he has to either succeed in winning his appeal or he goes back to jail. I am guessing his lawyers will use up most of the 120 days to give him a jail reprieve, because once the appeal is denied, which is likely, he goes back to jail.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 15, 2011.

DECISION & ORDER ON MOTION

JOHN M. LEVENTHAL, Associate Justice.

Upon the papers filed in support of and in opposition to the motion, and upon hearing the attorneys for the parties, it is

ORDERED that the motion is granted, execution of the judgment is stayed, and bail is set by the giving of an insurance company bail bond in the amount of $500,000 or by depositing the sum of $250,000 as a cash bail alternative, upon the following conditions:

1. the appellant shall remain confined to house arrest and shall wear an electronic monitoring bracelet, with monitoring services to be provided by Secure Alert and paid for by the appellant;

2. any violations shall be reported by Secure Alert to the Office of the District Attorney of Kings County, and the appellant shall be detained until such time as the alleged violation can be adjudicated before the Supreme Court, Kings County;

3. the appellant shall surrender any and all passports to the Office of the District Attorney of Kings County and is prohibited from applying for any new or replacement passports; and it is further,

ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal has been brought to argument or submitted to this Court, or unless this Court shall have extended this order; and it is further,

ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to execute sentence; and it is further,

ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the Clerk of the Court from which the appeal is taken.

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